Section 1 definition of "employment compensation standard" was added by 2002-64-1(a), effective October 31, 2002 (Royal Assent).
Section 1 definitions of "employment termination standard" and "public sector employee" BEFORE repealed by 2002-64-1(b), effective October 31, 2002 (Royal Assent).
"employment termination standard" means a standard established by the council under section 4.1 or 7 (1) (c.2);
"public sector employee" means a person employed by a public sector employer but does not include a justice or a person employed as a justice;
Section 1 definition of "public sector employer", paragraph (d.2) BEFORE repealed by 2002-35-12, effective March 31, 2003 [on repeal of 1997-54-3 and 4 (BC Reg 152/2003)].
(d.2) the Technical University of British Columbia established under the Technical University of British Columbia Act,
Section 1 definition of "public sector employer", paragraph (e) BEFORE amended by 2004-33-29, effective June 11, 2004 (BC Reg 252/2004).
(e) an institution as defined in the College and Institute Act or the British Columbia Institute of Technology or the Open Learning Agency,
Section 1 definition of "public sector employer", paragraph (d.3) was added by 2005-17-27, effective March 31, 2005 (BC Reg 201/2005).
Section 1 definition of "public sector employer", paragraph (b) BEFORE amended by 2006-12-72, effective June 18, 2007 (BC Reg 177/2007).
(b) a corporation or an unincorporated board, commission, council, bureau, authority or similar body that has
(i) on its board of management or board of directors, 50% or more of members who are appointed by an Act, a minister or the Lieutenant Governor in Council, or
(ii) employees appointed under the Public Service Act,
and that is designated in the regulations,
Section 1 definition of "public sector employer", paragraphs (d) and (e) BEFORE amended by 2008-24-22, effective September 1, 2008 (BC Reg 220/2008).
(d) a university as defined in the University Act and the University of Northern British Columbia,
(e) an institution as defined in the College and Institute Act,
Section 1 definition of "minister" BEFORE repealed by 2011-27-38, effective November 24, 2011 (Royal Assent).
"minister", other than in Part 3, Division 2, means the minister who is the chair of Treasury Board;
Section 3 (2) (c) BEFORE amended by 2003-88-23, effective December 1, 2003 (BC Reg 443/2003).
(c) the commissioner appointed under the Public Service Act.
Section 3 (4) BEFORE amended by 2023-10-954, effective March 30, 2023 (Royal Assent).
(4) The chair may authorize another member of the Executive Council to act as chair of the council during his or her absence from a meeting of the council.
Section 4.1 BEFORE amended by 2002-64-2, effective October 31, 2002 (Royal Assent).
Employment termination standards for exempt employees
4.1 (1) The council may establish employment termination standards for persons who are employed by a public sector employer and who are not subject to a collective agreement.
(2) Employment termination standards may be retroactive to May 1, 1997 and if made retroactive are deemed to be effective on the date specified in the standards.
(3) Employment termination standards may be of general application or may apply to one or more public sector employers and persons employed by them as set out in the standards.
(4) A public sector employer must provide, without charge, to the council copies of contracts of employment and other information that the council requests for the purpose of monitoring compliance with employment termination standards or assisting the council in the development and revision of employment termination standards.
Section 4.2 BEFORE amended by 2002-64-2, effective October 31, 2002 (Royal Assent).
Employment termination standards regulation
4.2 (1) The Lieutenant Governor in Council may, by regulation, adopt an employment termination standard for the purpose of this section.
(2) A regulation under subsection (1) may be made retroactive to May 1, 1997 and if made retroactive is deemed to be effective on the date specified in the regulation.
(3) If the Lieutenant Governor in Council adopts an employment termination standard by regulation under subsection (1),
(a) the regulation is deemed to be included in all contracts of employment commenced, changed or renewed on or after the effective date of the regulation, and
(b) any provision in a contract of employment commenced, changed or renewed after the effective date of the regulation that is inconsistent with the regulation is of no force or effect.
Section 5 (1) BEFORE amended by 2002-64-3, effective October 31, 2002 (Royal Assent).
(1) The council may employ officers and employees it considers necessary for the purposes of this Act, and may determine their duties, conditions of employment and remuneration.
Section 7 (1) (c.2) (i) and (ii) BEFORE amended by 2002-64-4(a), effective October 31, 2002 (Royal Assent).
(i) as if it were a public sector employer, with any employment termination standard that is of general application under section 4.1, or
(ii) with any employment termination standard that the council may establish specifically for that association;
Section 7 (1) (c.3) (ii) BEFORE amended by 2002-64-4(b), effective October 31, 2002 (Royal Assent).
(ii) other information that the council requests for the purpose of monitoring compliance with paragraph (c.2) or assisting the council in the development and revision of employment termination standards applicable to the association;
Section 7 (5) BEFORE amended by 2015-18-344, effective November 28, 2016 (BC Reg 216/2015).
(5) Despite the Society Act, an employers' association must not exercise any of the borrowing powers conferred by the Society Act without the prior approval of the minister.
Section 8 BEFORE repealed by 2002-48-62, effective May 30, 2002 (Royal Assent).
Resolution of constitution and bylaws
8 (1) If, in the opinion of the minister, the members of an employers' association are unable or unlikely to agree on the constitution and bylaws or rules of the employers' association, the minister may refer the disagreement to a person to inquire into the disagreement and make recommendations to the minister.
(2) After receiving the recommendations under subsection (1), the minister may recommend that the constitution and bylaws or rules of the employers' association be prescribed by the Lieutenant Governor in Council.
(3) When the constitution and bylaws or rules of an employers' association are prescribed, they apply to the employers' association as if they were established and approved under section 7.
(4) A person who inquires into a disagreement under subsection (1) has the protection, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
Section 8.1 (1) (part) BEFORE amended by 2015-18-345, effective November 28, 2016 (BC Reg 216/2015).
(1) Despite the Society Act, the minister may request an employers' association to
Section 9 (1), (5) and (6) BEFORE amended by 2015-18-346, effective November 28, 2016 (BC Reg 216/2015).
(1) Sections 7 (1), 24 (1) and 31 of the Society Act do not apply to an employers' association.
(5) A reference in the Society Act to a special resolution is, when read in relation to an employers' association established under this Act, to be read as a reference to
(a) a special resolution as defined in the association's bylaws, or
(b) if those bylaws do not define a special resolution, a special resolution as defined in the Society Act.
(6) If there is a conflict between a provision of this Act and a provision of the Society Act, the provision of this Act prevails.
Section 10 definition of "minister" BEFORE repealed by 2011-27-38, effective November 24, 2011 (Royal Assent).
"minister" means the minister charged with the administration of this Division;
Section 12 (1) BEFORE amended by 2023-10-955, effective March 30, 2023 (Royal Assent).
(1) Subject to subsection (2), the minister may, on application of 2 or more employers that are members of an employers' association or on his or her own motion and after the investigation considered necessary or advisable, direct the board to consider whether in a particular case an employers' association or any group of employers in an employers' association would be an appropriate bargaining agent for the employers in a sector or a part of a sector.
Part 3.1, sections 14.1 to 14.9 were enacted by 2002-64-5, effective October 31, 2002 (Royal Assent).
Section 14.4 (5) was added by 2002-64-5 [conseq], effective October 21, 2002 [retro from October 31, 2002 (Royal Assent) per s. 14.4(6)].
Section 14.8 (3) BEFORE amended by 2008-30-70, effective May 29, 2008 (Royal Assent).
(3) A public sector employer must make available for public inspection during normal business hours information in contracts of employment and reports referred to in subsection (2) that would otherwise be available to an applicant making a request under the Freedom of Information and Protection of Privacy Act.
Section 14.9 (1) BEFORE amended by 2003-47-54(a), effective May 28, 2003 [retro from February 13, 2004 (BC Reg 45/2004)].
(1) This Part does not apply to
Section 14.9 (3), (4) and (5) was added by 2003-47-54(b), effective May 28, 2003 [retro from February 13, 2004 (BC Reg 45/2004)].
Section 14.9 (1) (c) BEFORE repealed by 2006-35-115, effective October 1, 2006 (BC Reg 234/2006).
(c) an arbitrator under the Residential Tenancy Act,
Section 14.9 (1) (a) BEFORE amended by 2007-15-81, effective September 26, 2007 (BC Reg 298/2007).
(a) a coroner under the Coroners Act,
Section 14.9 (1) (d) BEFORE amended by RS2019-1-RevSch 2, effective April 6, 2020 (BC Reg 207/2019).
(d) a governor or director of the Workers' Compensation Board under the Workers Compensation Act, or
Section 14.9 (1) (e) BEFORE amended by 2023-10-956, effective March 30, 2023 (Royal Assent).
(e) a person who is a member of a tribunal designated in the Schedule, when the person is acting in his or her capacity as a member of the tribunal.
Section 15 (2) (a) BEFORE amended by 2006-12-73, effective June 18, 2007 (BC Reg 177/2007).
(a) designating employers for the purposes of the definition of "public sector employer";
Section 15.1 BEFORE amended by 2002-64-6, effective October 31, 2002 (Royal Assent).
Compliance with the regulated standard
15.1 (1) If, after the effective date of a regulation under section 4.2, an employer to whom that regulation applies pays money or confers a benefit or a person accepts money or receives a benefit that exceeds the amount or benefit permitted by the regulation, the excess money or cost to the employer of the benefit is a debt that is payable to the government by the person who receives the amount or benefit.
(2) No action lies and no proceedings may be brought against an employer by a person who receives an amount or benefit conferred contrary to a regulation under section 4.2.
Schedule, item "Provincial Agricultural Land Commission" tribunal was added by BC Reg 342/2002 under RS1996-384-14.9(2), effective December 9, 2002 (BC Reg 342/2002).
Schedule, item "Mineral Tax Review Board" was deleted by 2003-23-77, effective April 10, 2003 (Royal Assent).
Schedule, item "British Columbia Marketing Board" BEFORE amended by 2003-7-50, effective November 1, 2003 (BC Reg 350/2003).
British Columbia Marketing Board (Natural Products Marketing (BC) Act)
Schedule, item "Public Service Appeal Board" was deleted by 2003-88-24, effective December 1, 2003 (BC Reg 443/2003).
Schedule, item "Medical and Health Care Services Appeal Board" was repealed by 2003-96-57(part) effective January 31, 2004 (BC Reg 28/2004).
Schedule, items "Agricultural Land Commission", "Community Care and Assisted Living Appeal Board", "Industry Training Appeal Board", "Safety Standards Appeal Board" and "Workers' Compensation Appeal Tribunal" were added by 2003-47-55, effective February 13, 2004 (BC Reg 45/2004).
Schedule, item "Health Care and Care Facility Review Board" was repealed by 2003-96-57(rem), effective March 12, 2004 (BC Reg 90/2004).
Schedule, item "Commercial Appeals Commission" was repealed by 2003-51-44, effective June 1, 2004 (BC Reg 222/2004).
Schedule, item "Private Post-Secondary Education Commission" was deleted by 2003-79-28, effective November 22, 2004 (BC Reg 466/2004).
Schedule, item "Expropriation Compensation Board" was deleted by 2004-61-32, effective March 18, 2005 (BC Reg 95/2005).
Schedule, item "Mediation and Arbitration Board (Petroleum and Natural Gas Act)" was deleted by 2010-9-59, effective October 4, 2010 (BC Reg 274/2010).
Schedule, item "Surface Rights Board (Petroleum and Natural Gas Act)" was added by 2010-9-59, effective October 4, 2010 (BC Reg 274/2010).
Schedule, item "Health Care Practitioners Special Committee for Audit (Medicare Protection Act)" BEFORE amended by 236/2011 December 14, 2011.
Health Care Practitioners Special Committee for Audit (Medicare Protection Act)
Schedule, item "Building Code Appeal Board (Local Government Act)" BEFORE amended by 2015-2-58, effective September 18, 2015 (BC Reg 172/2015).
Building Code Appeal Board (Local Government Act)
Schedule, item "Civil Resolution Tribunal" was added by BC Reg 173/2016 under RS1996-384-14.9(2), effective July 13, 2016.
Schedule, item "Motor Carrier Commission" was deleted by 2018-53-78, effective November 27, 2018 (Royal Assent).
Schedule, item "Financial Institutions Commission" was deleted by 2019-14-28, effective November 1, 2019 (BC Reg 197/2019).
Schedule, item "BC Financial Services Authority" was added by 2019-14-28, effective November 1, 2019 (BC Reg 197/2019).